I've just taken another look through the stuff they sent me in response to the CPR request, the notice of assignment isn't the original , it's on a plain sheet of non letterhead paper, in fact it could have easily been typed up by Overdales, or anybody really. On the other side of the paper are standard Lowell terms and conditions that are only half on the page. Should this be part of my defence?

Cool would be good to get his input too, although i am wondering does the fact that they haven't provided a Default notice mean it's safe to say there isn't one in my defence?

I'm not sure if the fact that Overdales have 'requested a copy' of the Default notice and Statement in response to my CPR request actually means they don't have one or if it's some sort of a trick, that they will pull out at the last minute. Also they had ignored my CCA request from January 2023, but produced this standard 29 page agreement that everyone receives in response to my PAPLOC? In any case would the defence below be OK? POC for Reference 1. This claim is for the sum of £4000 due by the defendant under an agreement regulated by the consumer credit Act 1974 for a PAYPAL Account reference of 16 digit number . 2.The defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87 (1) of the Consumer Credit Act 1974 which has not been complied with. 3. The debt was legally assigned to the claimant on Date in 2022 notice of which has been given to the defendant. 4. The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings to the sum of £0.00. The Claimant claims the sum of £4000 Defence The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is noted. I have had financial dealings with PayPal in the past but cannot recollect the account number referred to by the Claimant. 2. Paragraph 2 is denied. I am not aware of service of a Default Notice by the original creditor the Claimant refers to within its particulars of claim. 3. Paragraph 3 is noted. On the 3/1/2023 I requested information related to this claim by way of a Section 78 request, which was received and signed for by the claimant on 5/1/2023. As of today, the Claimant has failed to respond to this request, and therefore remains in default of the section 78 request and therefore unable to enforce any alleged agreement until its compliance. 4. Therefore it is denied with regards to the Defendant owing any monies to the Claimant, and the Claimant is put to strict proof to: (a) Show how the Defendant has entered into an agreement and: (b) Show the nature of the breach and evidence by way of a Default Notice Pursuant to s.87(1) of the Consumer Credit Act 1974. 5. Paypal (Europe) S.A.R.L is out of the juristriction of English Courts. 6. As per Civil Procedure 16.5 it is expected that the Claimant prove the allegation that the money is owed. 7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed, or any relief.

That's excellent thanks very much, although i couldn't find the legalese to use the out of Juristriction part of my defence.

Give your local councillor a ring, I have had similar problems with WODC in the past when I lived round there, you can probably get the fees scrapped via the councillor, but you are going to likely need to pay the C TAX, although they will come to a flexible arrangement.

I am putting my defence together at the moment and am using the standard defence, the agreement not being valid etc. Does the fact that Overdales have not provided a default notice constitute part of my defence? Also is there a clause for Paypal EU CLaims around the jurisdiction issue?

So my CPR request has come back from Overdales, the same multipage 29 page agreement that came back via the CCA, plus notice of assignment. However no Default notice, or Statement. They just confirm that they have raised a request for a copy of each,.

Sounds usual to me, it's happened to me before. Also the CCJ payment review is normal, they do it every year normally.

Some context would be helpful, how much? who with? when taken out? Has it defaulted yet?

DX is right it's just numbers on a spreadsheet and mortgage companies literally don't care , what happened 6 years ago, and they don't care what happens while you have the mortgage providing you can make the payments. In fact none of the DCA's, Stepchange etc care about you personally, they just care about how much money they can make off you. The money that you owed all those years ago was a tax write off for a large multinational corporation. DCA's are companies that make millions a year. That's why the morality card is nonsense

CPR Sent!

None of this will have any effect whatsoever on your mortgage. Once it has dropped of your Credit file no mortgage company needs to know anything, and there is no way of them finding out. After a default is a few years it's unlikely to be taken into account by any mortgage lender anyway, Providing you haven't accumulated any fresh one's. You'd be utterly bonkers to pay them anything at this stage.

No CPR needs to go still, will get that out tomorrow

Name of the Claimant ? Lowell Portfolio 1 Ltd How many defendant's joint or self ? Self Date of issue – 28th March 2024 Particulars of Claim What is the claim for – 1. This claim is for the sum of £4000 due by the defendant under an agreement regulated by the consumer credit Act 1974 for a PayPal Account reference of 16 digit number . 2.The defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87 (1) of the Consumer Credit Act 1974 which has not been complied with. 3. The debt was legally assigned to the claimant on Date in 2022 notice of which has been given to the defendant. 4. The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings to the sum of £0.00. The Claimant claims the sum of £4000 What is the total value of the claim? 4400 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? NA Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Paypal Credit When did you enter into the original agreement before or after April 2007 ? 2019 Do you recall how you entered into the agreement...On line /In branch/By post ? On Line Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser, Lowell / Overdales Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Don't know, will need to look Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Yes Why did you cease payments? Job Loss What was the date of your last payment? April 22' Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes AOS Completed, left Jurisdiction unchecked, clicked defend all. I already have CCA back, the same one that everyone receives from Paypal. States PAYPAL (Europe) S.A.R.L Luxembourg

It actually makes things worse paying of defaults, read up on statute barred. 6 years from the day of default, a debt becomes Statute Barred, unless of course you keep making payments, in which care it resets the clock back to 6 years again. Also forget about the moral angle, your daughter is just a number on a spreadsheet now , it's not like the money has been borrowed from friends , family or anything.